OPINION OF THE COURT
FRANK J. LABUDA, J.
The defendant, Robert Robar, was charged, under indictment No. 61-2010, in count one of assault in the second degree (Penal Law § 120.05 [4]) and count two of reckless endangerment in the second degree (Penal Law § 120.20), each of which accuse the defendant of reckless conduct which caused serious injury to Terry Pelton by means of a deadly weapon by shooting...
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